Statute Of Limitations In California
The statute of limitations law can differ per state. If you have been involved in a personal injury accident it is important to understand all of the details regarding the statute of limitations. These personal injury accidents can occur all across the state of California at any time of year. The U.S. Department of Justice reported that 60% of property contract trials across the U.S. were related to some type of personal injury accident. These accidents occur when you least expect it and they can completely change an individual’s life with costly medical bills and life-threatening injuries.
Since each state has its own laws regarding the statute of limitations, it can be incredibly confusing to understand every detail. An attorney at the Los Angeles Injury Group can help you better understand everything about California’s laws. Our attorneys are knowledgeable in California personal injury law and can walk you through all of the important aspects to help you better understand it. The attorneys at Los Angeles Injury Group want to help you recover compensation for your injuries.
Statute Of Limitations
The statute of limitations is defined as the requirements on the amount of time an individual has to file a lawsuit after an injury. These laws and requirements all differ depending on the state. Other factors that affect the amount of time an individual is allotted are the type of accident, the type of injuries sustained, and the type of legal case you are filing.
In the state of California, the law states that an injured victim is allotted up to two years to file a lawsuit. The longer you wait, the more complications occur. If you wait longer then two years, typically the court won’t listen to your case. This means all of your evidence is not valid anymore and you lost your right to fight for compensation. It takes time to file all of the paperwork necessary to go to court, so injured victims in California should file a claim far ahead of the two-year deadline.
Exceptions To The Statute Of Limitations
On special occasions, a judge might extend a deadline because of certain circumstances, but this is very rare and no one should count on that happening. Some reasons why a judge might modify the two-year deadline for filing a legal claim in California include the following:
- The at-fault party left the state of California right after the accident occurred
- The injured victim was under the age of 18
- The injured victim didn’t have the legal capacity to make life decisions when the accident occurred
- When injuries can’t be discovered until well after the initial date of the accident
- If there is DNA evidence that needs to be used to identify the at-fault party
Contact a personal injury attorney at Los Angeles Injury Group if you have been involved in an accident and need clarification on California’s statute of limitations. Our attorneys can assist you with the California personal injury law and relate it to your personal injury case.
Damages Cap On Legal Cases
California has a law that states there is a maximum damages cap on all personal injuries cases. This means that the jury determines a maximum compensation amount that an individual can receive. Once an individual has received this amount, they cannot fight for more money on this legal claim. This law could impact the total value of a claim. An injured victim is allowed to receive compensation for economic damages, physical expenses, and mental expenses. The most common economic damages in personal injury accidents include the following:
- Rehabilitation Expenses
- Loss of Earning Capacity
- Lost Wages
- Medical Expenses
- Compensation for Disability
The most common non-economic damages include the following listed below:
- Mental Anguish
- Physical Impairment
- Pain and Suffering
- Loss of Enjoyment
It does not matter whether you are fighting for economic or non-economic damages, they all could have a maximum damage cap. This means there is a cap on how much compensation someone can fight for in order to help cover his or her expenses. The Attorneys at Los Angeles Injury Group can evaluate your personal injury case to determine if you have damages cap on your case, and give you an idea of how much compensation you could realistically fight for.
The Purpose Of Statute Of Limitations
The statute of limitations was created to protect defendants. This law sets a maximum time frame for when all parties involved have to initiate legal proceedings. This protects defendants because injured victims are not able to wait five years and they come after them in court to blame them for other injuries. Since there is a strict timeframe and a compensation cap, defendants are only responsible for damages directly involved in the accident. Once a lawsuit is filed and all parties involved go to court, the jury will close the case and no more compensation is owed.
Los Angeles Injury Group Personal Injury Attorney
The statute of limitations can be incredibly confusing to understand because there are many different rules and restrictions. If you have been involved in an accident and need clarification on California’s statute of limitations, contact a Los Angeles attorney. The attorneys at Los Angeles Injury Group can assist you with the California law.
You want to make sure you have a hardworking legal team on your side that will fight for your legal rights. The attorneys at Los Angeles Injury Group will help you understand everything you need to know about the statute of limitations in California. They will break everything down for you in more simplistic steps and answer all of your questions along the way.
Our attorneys work diligently to ensure that you have the best chance of receiving the highest value of compensation for your injury claim. We will compile facts about your accident and utilize special tactics that lead to successful results.
The attorneys at Los Angeles Injury Group work for you and are here to help you during this stressful time. Our attorneys will help you understand everything you need to know about the California law. Contact us today to determine how our attorneys can assist you. Call us at (310)-954-7248.